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recoupment

The Department for Work and Pensions (DWP) is entitled to recover any Job Seekers' Allowance or Income Support that an employee has received in respect of a period for which a tribunal has awarded the employee compensation for lost earnings. When the tribunal makes the award, it will order the employer to withhold a specified sum and pay the employee the balance only. The DWP will then notify the employer of the amount of benefits that the employee has received. The employer must then pay the DWP that sum and pay the employee the balance of the amount it had withheld.

This procedure, known as recoupment, applies only where a tribunal makes an award of compensation. It does not apply to settlements. It therefore provides a major incentive for an employee who has been claiming benefits to settle a claim in advance of a tribunal hearing.

related links
BERR: benefit repayment

 

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.